Title 71, Title 71

The liens herein created shall be enforced in the same manner and the duty of county clerks with respect to the filing and abstracting of liens shall be the same as now provided by the laws for materialmen's and construction liens.

The lien provided for in this part arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor.

(1) Upon compliance with the provisions of 71-3-1004, such lien shall be preferred to all other titles, charges, liens, or encumbrances which may attach to or upon any of the property upon which a lien is given by this part subsequent to the date the lien herein provided for aris…

All labor performed or materials or services furnished by any person entitled to a lien under this part upon the same leasehold for oil and gas purposes or the same pipeline shall for the purposes of this part be considered as having been performed or furnished under a single con…

This part may not be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. However, the risk of all payments made to…

For purposes of this part, the following definitions apply: (1) A "general lien" is one which the holder of the lien is entitled to enforce as a security for the performance of all the obligations or all of a particular class of obligations that exist in the holder's favor agains…

(1) When any lien provided for by this part shall have attached to the property covered thereby, it shall be unlawful for any person to remove such property or any part thereof or cause the same to be removed from the land or premises where located at the time such lien attached …

(1) Any lien claimed under this part that extends to oil or gas or the proceeds of the sale of oil or gas is subject to the provisions of Title 71, chapter 3, part 16, and must meet the requirements of subsection (2) before taking effect. (2) (a) Written notice of a claim must be…

If a lien provided for in this part attaches to an estate less than the fee, forfeiture of such estate shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien has attached prior to forfeiture. If a lien provided for in this par…

A lien is created: (1) by contract of the parties; or (2) by operation of law.

No lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.

A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.

An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien or not yet in existence. Except as otherwise provided by the Uniform Commercial Code, in such case the lien agreed for attaches from the time when the party agreeing to…

The existence of a lien upon property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of any other obligation than that which the lien originally secured.

When the holder of a special lien is compelled to satisfy a prior lien for the holder's own protection, the holder may enforce payment of the amount paid as a part of the claim for which the holder's own lien exists.

Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title to the property subject to the lien.

Except as otherwise provided by the Uniform Commercial Code, all contracts for the forfeiture of property subject to a lien in satisfaction of the obligation secured thereby and all contracts in restraint of the right of redemption from a lien are void.

The existence of a lien, as security for the performance of an obligation, does not affect the right of the creditor to enforce the obligation without regard to the lien.

The creation of a lien does not itself imply that any person is bound to perform the act for which the lien is a security.

This part may be cited as the "Physician, Nurse, Physical Therapist, Occupational Therapist, Acupuncturist, Chiropractor, Dentist, Psychologist, Licensed Social Worker, Licensed Professional Counselor, Hospital, Optometrist, Naturopathic Physician, Podiatrist, Ambulance Service, …

The purpose of this part is to establish lien rights for physicians, nurses, physical therapists, occupational therapists, acupuncturists, chiropractors, dentists, hospitals, optometrists, naturopathic physicians, podiatrists, ambulance services, rehabilitation facilities, long-t…

As used in this part, the following definitions apply: (1) "Ambulance service" means a person providing ground or air ambulance transport, licensed under 50-6-306, that: (a) is in-network with at least two insurers that together provide coverage for at least 25% of health insuran…

(1) (a) Upon the required notice of a lien being given, there is a lien as provided in subsection (1)(b) whenever: (i) a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, optometr…

(1) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, …

If an action is commenced for recovery for injury, disease, or death, a copy of the notice of lien may be filed in the office of the clerk of court in which the action is pending, and the filing is notice to all parties to the action.

If any insurer or person, after receiving notice of a lien, makes payment on account of injury, disease, counseling service, or death and the amount of the lien claimed by any physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, opto…

(1) Except as provided in subsection (2), this part does not apply to compensation awarded to workers for injury, disease, or death pursuant to the Workers' Compensation Act. (2) This part applies to all payments awarded for medical, therapy, acupuncture, chiropractic, dentistry,…

Except as otherwise provided by the Uniform Commercial Code, one who holds property by virtue of a lien on the property is not entitled to compensation from the owner of the property for any trouble or expense that the person incurs respecting the property, except to the same ext…

Other things being equal, different liens upon the same property have priority according to the time of their creation.

Except as otherwise provided by law, a mortgage given for the price of real property at the time of its conveyance has priority over all other liens created against the purchaser, subject to the operation of the recording laws.

When a person has a lien upon several things and other persons have subordinate liens upon or interests in some but not all of the same things, the person having the prior lien, if the prior lienor can do so without risk of personal loss or of injustice to other persons, shall re…

Redemption from a lien is made by performing or offering to perform the act for the performance of which it is a security and paying or offering to pay the damages, if any, to which the holder of the lien is entitled for delay.

Except as otherwise provided by the Uniform Commercial Code, a person having an interest in property subject to a lien has a right to redeem it from the lien at any time after the claim is due and before the person's right of redemption is foreclosed.

A person who has a lien inferior to another upon the same property has a right to: (1) redeem the property in the same manner as its owner might from the superior lien; and (2) be subrogated to all the benefits of the superior lien, when necessary for the protection of the person…

A lien is to be accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.

The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.

(1) If there is an express or implied contract for collecting, processing, packaging, or storing embryos or semen from livestock, a reproductive technology business to whom embryos or semen is entrusted and who still has possession has a lien upon the embryos or semen for the amo…

(1) Subject to subsection (4), the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of receiving the property, the p…

If payment for work, labor, or services performed or feed or material furnished is not made within 30 days after the performance of the work, labor, or services or furnishing of the feed or material, the lienor under the provisions of this part may enforce the lien in the followi…

The lien created by this part shall not be lost by reason of any forcible or fraudulent taking of the property from the possession of the person entitled to said lien, but in all such cases the person entitled to such lien shall be entitled to recover possession of the property b…

For the purposes of this part, "reproductive technology business" means a business that collects, processes, packages, and stores embryos or semen from animals or provides breeding services for compensation.

The sale of any property on which there is a lien in satisfaction of the claim secured thereby or, in case of personal property, its wrongful conversion by the person holding the lien extinguishes the lien thereon.

(1) The legislature finds that agisters' liens require expeditious action to protect the welfare of the stock and to ensure that the cost to feed and care for the stock covered by the lien does not exceed the market value of the stock. (2) (a) If there is an express or implied co…

(1) An agister's lien created under 71-3-1211 does not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the stock involved unless, within 30 days from the time of receiving the stock, the person d…

If payment for keeping, feeding, herding, pasturing, or ranching stock is not made within 30 days after the performance of the keeping, feeding, herding, pasturing, or ranching, the person entitled to a lien under the provisions of 71-3-1211 through 71-3-1214 may enforce the lien…

(1) The forcible or fraudulent taking of stock from the person holding an agister's lien pursuant to 71-3-1211 through 71-3-1214 does not extinguish the lien. (2) The person holding the agister's lien may recover possession of the stock by proper action instituted in court agains…